By Wilson H.B. No. 2451
77R5256 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of elevators, escalators, and related
1-3 equipment and related licensing requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 754.011, Health and Safety Code, is
1-6 amended by amending Subdivisions (3), (7), and (8) and adding
1-7 Subdivision (9) to read as follows:
1-8 (3) "Board" means the Texas Elevator Board [elevator
1-9 advisory board].
1-10 (7) "Private residence" means a separate dwelling, or
1-11 a separate apartment in a multiple dwelling, that is occupied only
1-12 by members of a single-family unit.
1-13 (8) "Qualified historic building or facility" means a
1-14 building or facility that is:
1-15 (A) listed in or eligible for listing in the
1-16 National Register of Historic Places; or
1-17 (B) designated as a Recorded Texas Historic
1-18 Landmark or State Archeological Landmark.
1-19 (9) [(8)] "Related equipment" means automatic
1-20 equipment [that is] used to move a person in a manner that is
1-21 similar to that of an elevator or escalator and includes a moving
1-22 sidewalk, a chair lift, and a platform lift.
1-23 SECTION 2. Section 754.012, Health and Safety Code, is
1-24 amended to read as follows:
2-1 Sec. 754.012. TEXAS ELEVATOR [ADVISORY] BOARD. (a) The
2-2 Texas Elevator Board [elevator advisory board] is composed of nine
2-3 members appointed by the governor with the advice and consent of
2-4 the senate [commissioner] as follows:
2-5 (1) a representative of the insurance industry or a
2-6 certified elevator inspector;
2-7 (2) a representative of elevator, escalator, and
2-8 related equipment constructors;
2-9 (3) a representative of owners or managers of
2-10 buildings having fewer than six stories and having an elevator, an
2-11 escalator, or related equipment;
2-12 (4) a representative of owners or managers of
2-13 buildings having six stories or more and having an elevator, an
2-14 escalator, or related equipment;
2-15 (5) a representative of independent elevator,
2-16 escalator, and related equipment maintenance companies;
2-17 (6) a representative of elevator, escalator, and
2-18 related equipment manufacturers;
2-19 (7) a representative of professional engineers or
2-20 architects;
2-21 (8) a public member; and
2-22 (9) a public member with a physical disability.
2-23 (b) Board members serve for staggered terms of six years
2-24 with the terms of three members expiring February 1 of each
2-25 odd-numbered year [at the will of the commissioner].
2-26 (c) The governor [commissioner] shall designate a member of
2-27 the board as the [appoint a] presiding officer of the board.
3-1 (d) The board shall meet at least twice each calendar year.
3-2 (e) A board member serves without compensation but is
3-3 entitled to reimbursement for travel and other necessary expenses
3-4 incurred in performing duties under this subchapter.
3-5 (f) The board may appoint advisory committees as necessary
3-6 to carry out the purposes of this chapter.
3-7 SECTION 3. Subchapter B, Chapter 754, Health and Safety Code,
3-8 is amended by adding Sections 754.0122 and 754.0123 to read as
3-9 follows:
3-10 Sec. 754.0122. SUNSET PROVISION. The Texas Elevator Board is
3-11 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
3-12 continued in existence as provided by that chapter, the board is
3-13 abolished September 1, 2011.
3-14 Sec. 754.0123. ADMINISTRATION. (a) The board is
3-15 administratively attached to the department.
3-16 (b) The department shall provide administrative support for
3-17 the board.
3-18 SECTION 4. Section 754.013, Health and Safety Code, is
3-19 amended to read as follows:
3-20 Sec. 754.013. BOARD POWERS AND DUTIES. (a) The board shall:
3-21 (1) adopt rules to govern the operation, maintenance,
3-22 servicing, construction, alteration, installation, and inspection
3-23 of elevators, escalators, and related equipment; and
3-24 (2) establish the fees for licenses, permits,
3-25 certificates, and inspections required by this chapter.
3-26 (b) The board may:
3-27 (1) consult with engineering authorities and
4-1 organizations concerning safety standards;
4-2 (2) make recommendations to the legislature for
4-3 amendments to this chapter; and
4-4 (3) grant exemptions to standards adopted by the board
4-5 if the board determines the exemptions are consistent with safety
4-6 standards [To protect public safety and to identify and correct
4-7 potential hazards, the board shall advise the commissioner on:]
4-8 [(1) the adoption of appropriate standards for the
4-9 installation, alteration, operation, and inspection of elevators,
4-10 escalators, and related equipment;]
4-11 [(2) the status of elevators, escalators, and related
4-12 equipment used by the public in this state; and]
4-13 [(3) any other matter considered relevant by the
4-14 commissioner].
4-15 SECTION 5. Section 754.014, Health and Safety Code, is
4-16 amended to read as follows:
4-17 Sec. 754.014. STANDARDS ADOPTED BY THE BOARD [COMMISSIONER].
4-18 (a) The board [commissioner] shall adopt standards for the
4-19 installation, alteration, operation, and inspection of elevators,
4-20 escalators, and related equipment [used by the public] in:
4-21 (1) buildings owned or operated by the state, a
4-22 state-owned institution or agency, or a political subdivision of
4-23 the state; [and]
4-24 (2) buildings that contain an elevator, an escalator,
4-25 or related equipment that is open to the general public, including
4-26 a hotel, motel, apartment house, boardinghouse, church, office
4-27 building, shopping center, or other commercial establishment; and
5-1 (3) private residences.
5-2 (b) Standards adopted by the board [commissioner] may not
5-3 contain requirements in addition to the requirements in the ASME
5-4 Code A17.1, [or] ASME Code A17.3, ASME Code A18.1, or ASCE Code 21.
5-5 (c) Standards adopted by the board [commissioner] must
5-6 require elevators, escalators, and related equipment to comply with
5-7 the installation requirements of [the following, whichever is the
5-8 least restrictive:]
5-9 [(1)] the ASME Code A17.1, ASME Code A17.3, ASME Code
5-10 A18.1, or ASCE Code 21 that was in effect on the date of
5-11 installation of the elevators, escalators, and related equipment[;
5-12 or]
5-13 [(2) an applicable municipal ordinance governing the
5-14 installation of elevators, escalators, and related equipment that
5-15 was in effect on the date of installation].
5-16 (d) Standards adopted by the board [commissioner] must
5-17 require elevators, escalators, and related equipment to comply with
5-18 the installation requirements of the latest ASME Code A17.1, [1994]
5-19 ASME Code A17.3, ASME Code A18.1, or ASCE Code 21 that contains
5-20 minimum safety standards for all elevators, escalators, and related
5-21 equipment, regardless of the date of installation, within six
5-22 months of the effective date of each code.
5-23 (e) On written request, the board [commissioner] shall grant
5-24 a delay for compliance with the applicable ASME Code A17.1, [or the
5-25 1994] ASME Code A17.3, ASME Code A18.1, or ASCE Code 21 until a
5-26 specified time if compliance is not readily achievable, as that
5-27 phrase is defined in the Americans with Disabilities Act (42 U.S.C.
6-1 Section 12101 et seq.), or regulations adopted under that Act.
6-2 (f) On written request, the board [commissioner] shall grant
6-3 a delay until September 1, 2005, for compliance with the
6-4 requirements for door restrictors or firefighter's service in the
6-5 [1994] ASME Code A17.3 if those requirements were not included in
6-6 the ASME Code A17.1 that was in effect on the date of installation
6-7 of the elevator, escalator, or related equipment and that equipment
6-8 was not subsequently installed by an owner of the elevator,
6-9 escalator, or related equipment.
6-10 (g) The board [commissioner] may grant a waiver of
6-11 compliance with the applicable ASME Code A17.1, [or the 1994] ASME
6-12 Code A17.3, ASME Code A18.1, or ASCE Code 21 if the commissioner
6-13 finds that:
6-14 (1) the building in which the elevator, escalator, or
6-15 related equipment is located is a qualified historic building or
6-16 facility or the noncompliance is due to structural components of
6-17 the building; and
6-18 (2) noncompliance will not constitute a significant
6-19 threat to passenger safety.
6-20 (h) The board [commissioner] may grant a waiver of
6-21 compliance with the firefighter's service provisions of the ASME
6-22 Code A17.1 or the [1994] ASME Code A17.3 in an elevator that
6-23 exclusively serves a vehicle parking garage in a building that:
6-24 (1) is used only for parking;
6-25 (2) is constructed of noncombustible materials; and
6-26 (3) is not greater than 75 feet in height.
6-27 (i) This subchapter does not apply to an elevator, an
7-1 escalator, or related equipment in an industrial facility, or in a
7-2 grain silo, radio antenna, bridge tower, underground facility, or
7-3 dam, to which access is limited principally to employees of or
7-4 working in that facility or structure.
7-5 (j) The board [commissioner] may charge a reasonable fee as
7-6 set by the board [commission] for an application for waiver or
7-7 delay. One application for a waiver or delay may contain all
7-8 requests related to a particular building. A delay may not be
7-9 granted indefinitely but must be granted to a specified time.
7-10 (k) For purposes of this section, the date of installation
7-11 is the date that the owner of the real property entered into a
7-12 contract for the purchase of the elevators, escalators, or related
7-13 equipment. If that date cannot be established, the date of
7-14 installation is the date of issuance of the municipal building
7-15 permit under which the elevators, escalators, or related equipment
7-16 was constructed or, if a municipal building permit was not issued,
7-17 the date that electrical consumption began for the construction of
7-18 the building in which the elevators, escalators, or related
7-19 equipment was installed.
7-20 SECTION 6. Section 754.015, Health and Safety Code, is
7-21 amended to read as follows:
7-22 Sec. 754.015. RULES. (a) The board [commissioner] by rule
7-23 shall provide for:
7-24 (1) the inspection and certification once each
7-25 calendar year of elevators, escalators, and related equipment
7-26 covered by standards adopted under this subchapter;
7-27 (2) the enforcement of those standards;
8-1 (3) the licensing [certification] of qualified persons
8-2 as inspectors for the purposes of this subchapter; [and]
8-3 (4) the licensing of qualified persons as contractors
8-4 under this chapter;
8-5 (5) the licensing of qualified persons as mechanics
8-6 under this chapter; and
8-7 (6) the form of the inspection report and certificate
8-8 of compliance.
8-9 (b) The board [commissioner] by rule may not require that:
8-10 (1) inspection be made more often than once per year
8-11 of elevators, escalators, and related equipment;
8-12 (2) persons post a bond [or furnish insurance] as a
8-13 condition of certification; and
8-14 (3) inspection reports or certificates of compliance
8-15 be placed in locations other than one provided in Section
8-16 754.019(a)(4) [754.019(4)].
8-17 SECTION 7. Section 754.019(g), Health and Safety Code, is
8-18 amended to read as follows:
8-19 (g) A fee may not be charged or collected for a certificate
8-20 of compliance for a private residence or an institution of higher
8-21 education as defined in Section 61.003, Education Code.
8-22 SECTION 8. Section 754.021, Health and Safety Code, is
8-23 amended to read as follows:
8-24 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The
8-25 commissioner may:
8-26 (1) compile a list of ASME-QEI-1 certified inspectors
8-27 who are licensed [registered with the department] to perform an
9-1 inspection under this subchapter; and
9-2 (2) employ personnel as necessary to enforce this
9-3 subchapter.
9-4 SECTION 9. Chapter 754, Health and Safety Code, is amended by
9-5 adding Subchapter C to read as follows:
9-6 SUBCHAPTER C. LICENSE REQUIREMENTS
9-7 Sec. 754.051. LICENSE REQUIRED. (a) A person may not engage
9-8 in:
9-9 (1) the business of contracting for the installation,
9-10 alteration, service, replacement, or maintenance of elevators,
9-11 escalators, or related equipment unless the person holds a
9-12 contractor's license issued under this subchapter;
9-13 (2) the inspection of elevators, escalators, or
9-14 related equipment unless the person holds an inspector's license
9-15 issued under this subchapter; or
9-16 (3) the installation, alteration, service,
9-17 replacement, or maintenance of elevators, escalators, or related
9-18 equipment unless the person holds a mechanic's license issued under
9-19 this subchapter.
9-20 (b) A license issued under this subchapter is valid
9-21 throughout the state.
9-22 Sec. 754.052. ELEVATOR MECHANIC LICENSE REQUIREMENTS. (a)
9-23 An applicant for an elevator mechanic's license under this
9-24 subchapter must:
9-25 (1) be at least 18 years old;
9-26 (2) have at least 36 months of practical experience in
9-27 the installation, alteration, service, replacement, or maintenance
10-1 of elevators, escalators, and related equipment;
10-2 (3) successfully complete a nationally recognized
10-3 training program for the elevator industry, including the National
10-4 Elevator Industry Education Program, or an apprenticeship program
10-5 for elevator mechanics, provided the program is registered with the
10-6 Bureau of Apprenticeship and Training or a similar state
10-7 apprenticeship council; and
10-8 (4) except as provided by Subsection (b), pass a
10-9 written examination administered by the department on the standards
10-10 required by the most recent ASME Code A17.1, ASME Code A17.3, ASME
10-11 Code A18.1, or ASCE Code 21.
10-12 (b) A person who provides proof acceptable to the
10-13 commissioner that the person has worked as an elevator mechanic for
10-14 the three years preceding the date of application is exempt from
10-15 the examination requirement under Subsection (a)(4).
10-16 Sec. 754.053. ELEVATOR INSPECTOR LICENSE REQUIREMENTS. (a)
10-17 An applicant for an elevator inspector's license under this
10-18 subchapter must:
10-19 (1) be at least 18 years old;
10-20 (2) be certified as an ASME-QEI-1 inspector by an
10-21 organization accredited by the American Society of Mechanical
10-22 Engineers; and
10-23 (3) meet the current ASME-QEI-1 qualifications for
10-24 elevator inspectors.
10-25 (b) A person assisting a certified inspector is not required
10-26 to be ASME-QEI-1 certified.
10-27 Sec. 754.054. ELEVATOR CONTRACTOR LICENSE REQUIREMENTS. An
11-1 applicant for an elevator contractor's license under this
11-2 subchapter must:
11-3 (1) have at least five years' experience in the
11-4 elevator industry in contracting for the installation, alteration,
11-5 service, replacement, or maintenance of elevators, escalators, or
11-6 related equipment; or
11-7 (2) pass a written examination administered by the
11-8 department on the standards required by the most recent ASME Code
11-9 A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21.
11-10 Sec. 754.055. APPLICATION; FEE. (a) An applicant for a
11-11 license must submit a verified application on a form prescribed by
11-12 the commissioner.
11-13 (b) The application must specify the type of license for
11-14 which the applicant is applying.
11-15 (c) The application must be accompanied by:
11-16 (1) a statement containing evidence satisfactory to
11-17 the commissioner of the applicant's practical experience, if
11-18 practical experience is required by this subchapter; and
11-19 (2) the license fee.
11-20 (d) The license fees prescribed by the board must be in
11-21 amounts sufficient to administer this chapter.
11-22 Sec. 754.056. EXAMINATIONS. (a) The commissioner shall
11-23 prescribe a separate examination as required for each license
11-24 issued under this subchapter other than the license issued for an
11-25 inspector.
11-26 (b) The commissioner shall prescribe the method and content
11-27 of an examination administered under this subchapter and shall set
12-1 compliance requirements for the examination.
12-2 (c) The examination shall be offered at locations throughout
12-3 the state and at times as determined by the commissioner. The
12-4 examination may be offered by computer at locations throughout the
12-5 state as determined by the commissioner.
12-6 (d) The commissioner shall notify each examinee of the
12-7 results of an examination not later than the 30th day after the
12-8 date the examination is administered. If an examination is graded
12-9 or reviewed by a national testing service, the commissioner shall
12-10 notify each examinee of the results of the examination not later
12-11 than the 14th day after the date the commissioner receives the
12-12 results from the testing service.
12-13 (e) An applicant who fails an examination is eligible for
12-14 reexamination.
12-15 Sec. 754.057. WAIVER OF LICENSE REQUIREMENT FOR OUT-OF-STATE
12-16 APPLICANTS. The commissioner may issue a license to an applicant
12-17 who holds a license issued by another state if the license
12-18 requirements of that state are substantially similar to the
12-19 requirements under this subchapter.
12-20 Sec. 754.058. ISSUANCE AND TERM OF LICENSE. (a) On payment
12-21 of the license fee, the commissioner shall issue the appropriate
12-22 elevator mechanic, inspector, or contractor license to an applicant
12-23 who:
12-24 (1) meets the requirements of this subchapter for the
12-25 license;
12-26 (2) provides evidence of insurance coverage required
12-27 by board rule; and
13-1 (3) passes the examination, if applicable.
13-2 (b) A license issued under this chapter expires at the end
13-3 of the license period set by the board.
13-4 Sec. 754.059. TEMPORARY LICENSE. The commissioner by rule
13-5 may provide for the issuance of a temporary elevator mechanic,
13-6 inspector, or contractor license to an applicant who:
13-7 (1) submits to the commissioner an application on a
13-8 form prescribed by the commissioner; and
13-9 (2) pays the required fee.
13-10 Sec. 754.060. CONTINUING EDUCATION. The board by rule shall
13-11 develop a continuing education course in elevator safety for a
13-12 license holder who wishes to renew a license. The course must:
13-13 (1) include at least eight hours of instruction;
13-14 (2) address new and existing rules adopted by the
13-15 board; and
13-16 (3) be completed within one year before the date the
13-17 license is renewed.
13-18 Sec. 754.061. INSURANCE REQUIREMENT. (a) The commissioner
13-19 may not issue a license under this chapter unless the applicant
13-20 files with the department evidence of a general liability insurance
13-21 policy that satisfies the requirements under board rules on a
13-22 certificate of insurance form prescribed by the commissioner and
13-23 countersigned by an insurance agent licensed in this state.
13-24 (b) The general liability insurance policy must be
13-25 conditioned to pay on behalf of the license holder damages that the
13-26 license holder becomes legally obligated to pay because of bodily
13-27 injury, property damage, or personal injury caused by an event
14-1 involving the license holder, or an officer, agent, or employee of
14-2 the license holder, in the conduct of any business licensed under
14-3 this subchapter.
14-4 (c) The insurance policy must contain minimum limits of:
14-5 (1) $100,000 for each occurrence for bodily injury and
14-6 property damage;
14-7 (2) $50,000 for each occurrence for personal injury;
14-8 and
14-9 (3) a total aggregate amount of $200,000 for all
14-10 occurrences.
14-11 SECTION 10. Sections 754.0111, 754.017, 754.023, and 754.024,
14-12 Health and Safety Code, are repealed.
14-13 SECTION 11. (a) Except as provided by Subsection (e) of this
14-14 section, this Act takes effect September 1, 2001.
14-15 (b) As soon as practicable after the effective date of this
14-16 Act, the governor shall appoint nine members to serve on the Texas
14-17 Elevator Board as established by this Act with the terms of three
14-18 members expiring February 1 of each odd-numbered year. The initial
14-19 members are appointed as follows:
14-20 (1) three members with terms expiring February 1,
14-21 2003;
14-22 (2) three members with terms expiring February 1,
14-23 2005; and
14-24 (3) three members with terms expiring February 1,
14-25 2007.
14-26 (c) The elevator advisory board existing under Section
14-27 754.012, Health and Safety Code, immediately before the effective
15-1 date of this Act, is abolished on that date.
15-2 (d) The Texas Elevator Board shall adopt rules to administer
15-3 Chapter 754, Health and Safety Code, as amended by this Act, not
15-4 later than May 1, 2002.
15-5 (e) Section 754.051, Health and Safety Code, as added by
15-6 this Act, takes effect September 1, 2002.
15-7 (f) A private residence or a public building that was not
15-8 required to be inspected under Chapter 754, Health and Safety Code,
15-9 before the effective date of this Act is not required to be
15-10 inspected as required by Chapter 754, Health and Safety Code, as
15-11 amended by this Act, before September 1, 2002.